Ruto at 3: How freedom of expression has shrunk

Youth during Saba Saba protests in Kitengela, on July 7. [File, Standard] When William Ruto campaigned for the presidency and eventually took office in 2022, he styled himself as the champion of hustlers and a defender of Kenya's democratic freedoms. His "bottom-up" slogan was built on the language of inclusivity, promising space for Kenyans at the lowest economic levels and the powerless to speak truth to authority. Three years later, however, Kenya's civic space tells a different story. Critics and human rights actors argue that freedom of expression has suffered its sharpest decline since the promulgation of the Constitution in 2010. Kenyans can no longer protest freely for fear of tear gas and being shot with live bullets, and social media users now have to constantly weigh the risks of what they post, while mainstream media too suffers under the crackdown on freedom of expression. Kenya's 2010 Constitution enshrines freedom of expression, media independence, and the right to protest. These freedoms were hard won, but critics say Ruto's presidency has rolled back these gains through pressure, surveillance and selective use of State power. "The country has retrogressed. Dissent has been criminalised. Expression itself has been criminalised. This government has taken us back to 30 years when saying something about government was treason," says Eric Mukoya, Executive Director of the International Commission of Jurists -Kenya Section. As Ruto marks three years in power, freedom of expression-once one of Kenya's proudest democratic gains-is seen as under siege Perhaps nothing illustrates the narrowing of civic space like the State's handling of protests. Kenya's Constitution explicitly protects peaceful assembly, yet police response under Ruto has been brutal. The turning point was June 2024, when thousands of Gen Z protesters poured into the streets countrywide to oppose proposed tax hikes under the #RejectFinanceBill2024 protests. Young protesters carried placards, flags, and their phones, but police responded with water cannons, tear gas, and live ammunition. Human rights groups documented at least 60 deaths nationwide, with dozens more abducted in both day and night raids. Although the nationwide protests were a last resort and a desperate act of defiance against a government they believed had betrayed them, the State responded with brutal force. Finance Bill After their pleas to MPs to drop the Finance Bill 2024 went unheard, protesters forced their way into Parliament. What followed was bloodshed: the deaths of young protesters, life-threatening injuries, and wanton destruction of infrastructure. Police opened fire with live and rubber bullets and water cannons. Human rights groups reported that at least 19 people died on June 25, 2024. Hundreds of protesters were injured, arbitrary arrests were reported across the country, and to date, some families are still searching for loved ones who were abducted by police without a trace. "You cannot protest without expressing yourself, and this has been met with brutal force," said Mukoya. He referenced the shoot-to-kill order by Interior Cabinet Secretary Kipchumba Murkomen, stating that utterances by senior government officials have further constricted civic space. "Murkomen issued a shoot-to-kill order against people who are protesting. And the President did not make it any better when he said, 'shoot their legs'," said Mukoya. "That kind of bravado, the attitude and impunity, can only result from the constriction of civic space, contrary to the Constitution both in letter and in spirit." Kamau Ngugi, Executive Director of the Defenders Coalition, echoed the concern. "Those who express themselves publicly in the streets through protest have been killed, shot at, or injured," said Ngugi, adding that research by CIVICUS has already downgraded Kenya to a "disturbed" state of repression. President Ruto promised to restore order and national unity, but critics argue that in practice, the promise has translated into an assault on freedom of expression-through crackdowns on protests, intimidation of civil society, and a media industry starved into submission. By the end of 2024, human rights groups documented at least 60 deaths linked to protest crackdowns and dozens of enforced disappearances. The brutality even carried the President's personal endorsement when he directed police to shoot looters-disguised as protestors-in the leg. "This is actually a state of repression, where anyone who raises their voice to speak out against issues perceived to not support the government of the day is attacked and targeted for kidnapping and enforced disappearance," Ngugi added. He stated that both online and offline actors perceived as anti-government have faced reprisals. "This is not about political questions. It's about people raising concerns about how the government is run-the abuse of power, the leakages of our resources through corruption, and the lack of trust in leadership by the general public," Ngugi emphasized. The violence marked a sharp contrast with the Kibaki-era protests, where demonstrators were often dispersed but rarely killed in such numbers. During former President Uhuru Kenyatta's era, there were bloody clashes, especially during election seasons-but Ruto's repression has notably targeted nonpartisan, issue-based movements led by youth, rather than political rivals. Activists state that "national security" is now a crafty tool used to silence criticism. "National security has become the shop front that the government is using to silence dissent," said Mukoya. "They've even used the Prevention of Terrorism Act against innocent people holding flags and bottles of water. They do that deliberately because the threshold for getting bail under terrorism charges is higher. It's meant to isolate dissenters and destabilise solidarity movements." State Overreach and Digital Repression Repression has also crept into the digital space. Almost every platform that once gave Kenya's youth a voice has become a hunting ground for dissenters. Kenya's vibrant online culture has long been a thorn in the side of power. Under President Mwai Kibaki, satire flourished. Under Uhuru Kenyatta, bloggers were arrested under the Computer Misuse and Cybercrimes Act. Today, digital activists decry a climate of surveillance and cyber harassment. In early 2024, university student Billy Mwangi and three others-Peter Muteti, Gideon Kibet (alias Kibet Bull), Bernard Kavuli, and Rony Kiplangat-were abducted over allegations that they were creating and circulating satirical memes and caricatures of Ruto and his administration. They resurfaced days later following public uproar from Kenyans, including human rights activists. Some were bruised, terrified, and unwilling to speak on record about their ordeal. "During the previous regime, we could express ourselves freely on social media and point out what was wrong in government. In this regime, most of us use pseudo names because you can be picked by police from your house anytime," said one anonymous Twitter user. Under Ruto's administration, the right to free expression has increasingly been treated as a crime. State Scrutiny For a generation that lives online, social media has become both a tool of resistance and a target of State scrutiny. Activists and bloggers report being trailed by digital surveillance, while pro-government trolls run smear campaigns against critics. Laws on cybercrime and misinformation are increasingly weaponised to silence dissent. When Ruto came into office, his administration promised a digital revolution: a "digital superhighway" with fibre optic infrastructure, 25,000 public Wi-Fi hotspots, and digitised government services. But digital rights advocates say that promise has turned into a system used to police dissent and instill fear. "This regime came in with a pro-digital economy agenda. But what we've seen is a very negative approach toward online criticism and free expression," said Victor Ndede, Technology and Human Rights Manager at Amnesty International Kenya. Ndede pointed to the Computer Misuse and Cybercrimes Act of 2018 as the government's primary tool for silencing critics. The law criminalises "false publication" and "false information" without clearly defining what qualifies. This vagueness gives police wide discretion to target activists, bloggers, and journalists. "The ambiguity gives excessive power to police. Bloggers have been charged with publishing false information and slapped with bail as high as Sh500,000. In this economy, that's punishment, not protection," he said. Died in police custody The crackdown reached its darkest moment with the death of Albert Ojwang', a teacher and blogger arrested for allegedly defaming Deputy Inspector General Eliud Lagat on X (formerly Twitter). He died in police custody. A postmortem later revealed he was tortured. Several police officers, including Central OCS Samson Taalam, were charged with his murder. Ndede believes cartoonists and satirists like Kibet Bull and Billy Mwangi were silenced by their ordeals. "Their ordeal left lifelong scars. Anyone thinking of doing the same is now fearful they could be abducted and meet the same fate," said Ndede. "Self-censorship is growing. Everyone fears surveillance, arrest, or even disappearance-like Albert Ojwang-just for expressing themselves online." "Freedom of expression is a cornerstone of democracy. If people cannot express themselves, then we are not a democracy," he added. The 2024 Gen Z protests, largely organised online, underscored how central digital platforms have become to activism-and how determined the government is to control them. "We saw increased conversation around shutting down the internet. In fact, during the 2024 protests, the internet was totally cut off. That was the government's way of cracking down on online movements." Kenyans who once felt reassured by Ruto's early promises now fear their communications are monitored. "It is public record that people have been surveilled through telecommunication companies. There have been allegations of how much people's right to privacy has been eroded through the use of digital tools to track, trace, arrest, abduct, or forcibly disappear," he added. While cases of weaponizing the Computer Misuse and Cybercrimes Act were present in the previous regime, Ndede stated that under the Kenya Kwanza administration, the criminalisation of expression has intensified, terming it a ''worrying trend." "What we're seeing is a shifting battleground," said Ndede. "Previously, traditional media was the space for public discourse. Now, online platforms are the primary space - especially for young people. And the government's focus on regulating and policing that space is an attempt to control information flows," he added. Kenya's National Commission on Human Rights recorded 82 abductions in 2024, most of them linked to protests and social media activities. Ruto's government has also leaned on weaponizing the law to silence dissent. Activists point to the Computer Misuse and Cybercrimes Act as one of the State's most effective tools of repression. Beyond existing laws, new bills have raised alarm. Mukoya highlighted the Kenya Information and Communications Act Bill, which sought to grant the Communications Authority and other agencies sweeping surveillance powers. The proposed Public Order (Amendment) Bill 2025 by Nairobi Woman Representative Esther Passaris also raised eyebrows over its intent to curtail peaceful protests - before she eventually shelved it. Kenya's media has in recent years faced mounting government hostility. The suppression of media freedom in Kenya has evolved from erratic intimidation into a systematic strategy, employing both blunt force and economic coercion. According to the Kenya Editors' Guild, more than 20 journalists were injured while covering the Gen Z protests. Cameras were destroyed, and some journalists were barred from covering demonstrations. As violence unfolded, the Communications Authority issued an unconstitutional directive to media stations to stop live coverage during the Gen Z protests anniversary. A High Court later ruled the directive unconstitutional. Shutting down media "We remind State agencies that shutting down media or attacking journalists is unconstitutional. We demanded accountability and justice for affected journalists, and we continue to push for police reforms, training, and accountability mechanisms to ensure such violations are not repeated," said Kenya Editors' Guild president Zubeidah Koome. Government advertising, long a lifeline for Kenyan media houses, has been redirected to friendly outlets - leaving critical voices starved of revenue. "The withdrawal of government advertising has been selective and punitive, targeting media houses that carry critical coverage. "This has led to salary delays, retrenchments, and shrinking editorial resources. In this environment, self-censorship is creeping in as newsrooms struggle to survive. ''Economic strangulation directly undermines media independence and compromises the watchdog role of the press," said Koome. Koome stated that while the previous regime showed hostility towards the media, the Ruto administration has projected openness - adding that the heavy-handedness during the 2024 and 2025 protests shows that the environment is still fragile. "The Kibaki administration is often remembered as the golden era of media freedom, with pluralism and openness to criticism," said the Guild's president.

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